Compulsory Purchase Act 1965

PART II Application of Part I in other cases and Supplemental Provisions

33 Compulsory purchase orders under Water Acts 1945 and 1948

(1) Subject to this section Part I of this Act shall apply—

(a) in relation to an order authorising the compulsory purchase of land and made under section 9 or section 23 of the [1945 c. 42.] Water Act 1945, and

(b) in relation to a compulsory purchase order made and confirmed under section 24(4) of that Act (that is, where a compulsory purchase under that subsection is not by a local authority and is not effected under the Act of 1946),

as it applies in relation to a compulsory purchase order under the Act of 1946, and in the said Part I as so applied the "special Act" means the said Act of 1945 together with the order.

(2) In the case of an order under section 9 or section 23 of the Water Act 1945.—

(a) Part I of this Act shall apply subject to such exceptions and modifications, if any, as may be specified in the order, and

(b) where the statutory water undertakers are not a local authority within the meaning of the Act of 1946, or a development corporation established under section 2 of the [1965 c. 59.] New Towns Act 1965, section 8(1) and section 11(1) of this Act shall not apply but no person shall at any time be required in pursuance of the order to sell or convey to the acquiring authority part only of any house or other building or manufactory if that person is willing and able to sell and convey the whole.

(3) If the order is made under section 24 of the [1945 c. 42.] Water Act 1945—

(a) section 8(1) of this Act shall not apply to the order but no person shall at any time be required in pursuance of the order to sell or convey to the acquiring authority a part only of any house or other building or manufactory, if that person is willing and able to sell and convey the whole,

(b) sections 11(1) and 30(3) of this Act shall not apply,

(c) section 27 of this Act shall apply as if subsection (1) of that section were omitted,

(d) in section 31 of this Act for the definition of "ecclesiastical property" there shall be substituted a reference to glebe land or other land belonging to an ecclesiastical benefice.

(4) If, in the case of an order under any of the said provisions of the Water Act 1945, the acquiring authority are not a local authority within the meaning of the Act of 1946 or a development corporation established under section 2 of the New Towns Act 1965, and the undertaking is intended to be carried into effect by means of capital to be subscribed by the acquiring authority, the whole of the capital or estimated sum for defraying the expenses of the undertaking shall be subscribed under contract binding the subscribers to pay the sums respectively subscribed by them before the acquiring authority exercises any of the powers conferred by this Act in relation to the compulsory taking of land for the purposes of the undertaking.

A certificate signed by two justices certifying that the whole of the prescribed sum has been subscribed shall be sufficient evidence thereof and on the application of the acquiring authority, and the production of such evidence as the justices think proper and sufficient, the justices shall grant certificates accordingly.

Section 1 of this Act applies for the interpretation of this subsection.

(5) Part I of this Act as applied by this section shall not apply in relation to an order made under section 9 or section 23. of the [1945 c. 42.] Water Act 1945, or an order confirmed under section 24 of that Act, before the commencement of this Act.

34 Compulsory purchase orders under Part III of Housing Act 1957

(1) Subject to this section Part I of this Act shall apply in relation to a compulsory purchase order under Part III of the [1957 c. 56.] Housing Act 1957 (clearance and redevelopment) as it applies in relation to a compulsory purchase order under the Act of 1946, and in the said Part I as so applied the " special Act" means the Housing Act 1957, together with the order.

(2) Section 8(1) of this Act shall not apply to any such order, but no person shall at any time be required to sell or convey to the acquiring authority a part only of any house or any building or manufactory if that person is willing and able to sell and convey the whole:

Provided that in the case of an order under section 43 or section 51 of the Housing Act 1957, the Lands Tribunal may determine that such part of any house, building or manufactory as is proposed to be taken by the acquiring authority can be taken without material damage to the house, building or manufactory and, if they so determine, may award compensation in respect of the severance of the part so proposed to be taken in addition to the value of that part.

Where they so determine, the party interested shall be required to sell and convey to the acquiring authority that part of the house, building or manufactory.

(3) In section 11(1) of this Act as applied by this section for the reference to service of notice on the owner, lessee and occupier of the land there shall be substituted a reference to the service of notice on the owner (as defined in the Housing Act 1957) and occupier of the land.

(4) Where any land to which the compulsory purchase order relates is glebe land or any other land belonging to an ecclesiastical benefice the compulsory purchase order shall provide that sums agreed or awarded for the purchase of the land, or to be paid by way of compensation for damage to be sustained by the owner by reason of severance or injury affecting the land, shall not be paid as directed by this Act, but shall be paid to the Church Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice.

This subsection shall have effect in substitution for section 31 of this Act.

(5) All notices required to be served by the acquiring authority may, notwithstanding anything in section 30(1) of this Act, be served and addressed in the manner prescribed by paragraph 2(2) of Schedule 3 to the [1957 c. 56.] Housing Act 1957 or by section 169 of that Act in relation to notices required to be served by or under that Act; and section 30(3) of this Act shall not apply.

(6) Part I of this Act as applied by this section shall not apply in relation to an order confirmed before the commencement of this Act.

35 Purchase notice under Part III of Housing Act 1964

(1) In section 59(2) of the [1964 c. 56.] Housing Act 1964 for the words "under the Lands Clauses Acts" there shall be substituted the words " by a compulsory purchase order in relation to which Part I of the Compulsory Purchase Act 1965 applies ".

(2) This section shall have effect as respects notices served under the said section 59 after the commencement of this Act.

36 Orders relating to acquisition of land under s. 67 of Water Resources Act 1963

(1) Subject to this section Part I of this Act shall apply in relation to the acquisition of any land, interest or right in the exercise of a power conferred by an order under section 67 of the [1963 c. 38.] Water Resources Act 1963 as it applies in relation to a compulsory purchase order under the Act of 1946, and as if the order were a compulsory purchase order made in accordance with the provisions of Schedule 1 to the Act of 1946.

(2) As so applied, Part I of this Act shall have effect subject to such exceptions and modifications (if any) as may be specified in the order, and subject also to the provisions (where applicable) of section 132 of, and of paragraphs 13 and 14 of Schedule 8 to, the said Act of 1963.

(3) Part I of this Act as applied by this section shall not apply in relation to an order made under the said section 67 before the commencement of this Act.

37 Compulsory purchase orders under s. 11 of Pipe-lines Act 1962

(1) Subject to this section Part I of this Act shall apply in relation to a compulsory purchase order under section 11 of the [1962 c. 58.] Pipe-lines Act 1962 as it applies in relation to a compulsory purchase order under the Act of 1946, and in the said Part I as so applied the " special Act " means the Pipe-lines Act 1962, together with the order.

(2) Subsections (1) and (2) of section 11, section 30(3) and section 31 of this Act shall not apply, and section 27 shall apply as if subsection (1) of that section were omitted.

(3) Sections 127 to 132 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 (sale of superfluous land) shall apply in relation to land acquired in pursuance of a compulsory purchase order under section 11 of the Pipe-lines Act 1962, and in construing those sections as so applied—

(a) the said Act of 1962 and the compulsory purchase order shall be deemed to be the special Act,

(b) references to the promoters of the undertaking shall be construed as references to the person authorised by the compulsory purchase order to purchase the land comprised therein.

(4) Part I of this Act as applied by this section shall not apply in relation to an order made before the commencement of this Act.

38 Application to enactments authorising acquisition of land by agreement

(1) The enactments mentioned in Schedule 6 to this Act (which apply the Lands Clauses Acts to certain of the powers of acquiring land by agreement possessed by authorities having power to acquire land compulsorily under the Act of 1946, or any of the enactments mentioned in the foregoing provisions of this Part of this Act) shall have effect subject to the amendments set out in that Schedule (which translate references to provisions of the Land Clauses Acts relating to the acquisition of land by agreement into references to corresponding provisions of Part I of this Act).

(2) Nothing in the provisions of Part I of this Act as applied by Schedule 6 to this Act, or in the enactments mentioned in that Schedule, shall enable a local authority to sell for the purposes of those enactments without the consent of the Minister of Housing and Local Government or of any other Minister any land which they could not have sold without that consent apart from the provisions of this section.

(3) In Part I of this Act as applied to the purchase of land by agreement under any of the enactments mentioned in Schedule 6 to this Act—

(a) " the acquiring authority " means a person authorised to purchase land by that enactment,

(b) " the special Act" means the enactment,

(c) in section 27 subsection (1) shall be omitted,

and for references to land subject to compulsory purchase there shall be substituted references to land which may be purchased by agreement under the enactment.

(4) This section shall not have effect as respects any purchase of land completed before the commencement of this Act.

39 Consequential amendments and repeals

(1) Any enactment or document referring to an enactment repealed and re-enacted by this Act shall be construed as referring to the corresponding enactment in this Act.

(2) Without prejudice to the generality of subsection (1) of this section, any reference in any enactment or document to the Lands Clauses Acts, or to any provision of the Lands Clauses Acts, which is, or includes, a reference to the Lands Clauses Acts, or that provision of the Lands Clauses Acts, as incorporated by the Act of 1946, or by any of the Acts mentioned in sections 33 to 37 of this Act or Schedule 6 to this Act, shall, unless the contrary intention appears, be construed as references to the corresponding provisions in Part I of this Act.

(3) Without prejudice to the last foregoing subsection, references to provisions of the Lands Clauses Acts in the enactments mentioned in Schedule 7 to this Act shall be amended in accordance with that Schedule.

(4) The enactments mentioned in Schedule 8 to this Act, of which those in Part II and Part III of that Schedule are spent or are superseded by the provisions of the [1949 c. 42.] Lands Tribunal Act 1949 and the [1961 c. 33.] Land Compensation Act 1961, shall be repealed to the extent specified in the third column of that Schedule, but subject to the respective provisions at the end of each Part of that Schedule.

(5) The mention of particular matters in this section shall not be taken to affect the general application to this Act of section 38 of the [1889 c. 63.] Interpretation Act 1889 (which relates to the effect of repeals).

40 Short title, commencement and extent

(1) This Act may be cited as the Compulsory Purchase Act 1965.

(2) Except as otherwise expressly provided, this Act shall come into force on 1st January 1966.

(3) This Act shall not extend to Scotland or Northern Ireland.